CS/HB 1149 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to policy cancellations and 2
nonrenewals by property insurers; amending s. 3
626.9201, F.S.; prohibiting eligible surplus lines 4
insurers from canceling and nonrenewing policies 5
covering dwellings and residential properties damaged 6
by hurricanes and wind losses within certain 7
timeframes; providing exceptions to prohibitions 8
against insurers' policy cancellations and nonrenewals 9
within certain timeframes; providing definitions; 10
authorizing the Financial Services Commission to adopt 11
rules and the Commissioner of Insurance Regulation to 12
issue orders; amending s. 627.4133, F.S.; prohibiting 13
insurers from canceling and nonrenewing policies 14
covering dwellings and residential properties damaged 15
by covered perils within certain timeframes; revising 16
exceptions to prohibitions against insurers' policy 17
cancellations and nonrenewals within certain 18
timeframes; revising conditions under which a 19
structure is deemed to be repaired; revising the 20
definition of the term "insurer" to include eligible 21
surplus lines insurers; defining the term "damage"; 22
providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
CS/HB 1149 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. Subsection (2) of section 626.9201, Florida 27
Statutes, is amended to read: 28
626.9201 Notice of cancellation or nonrenewal. — 29
(2) An insurer issuing a policy providing coverage for 30
property, casualty, surety, or marine insurance must give the 31
named insured written no tice of cancellation or termination 32
other than nonrenewal at least 45 days before the effective date 33
of the cancellation or termination, including in the written 34
notice the reasons for the cancellation or termination, except 35
that: 36
(a) If cancellation is for nonpayment of premium, at least 37
10 days' written notice of cancellation accompanied by the 38
reason for cancellation must be given. As used in this 39
paragraph, the term "nonpayment of premium" means the failure of 40
the named insured to discharge when due a ny of his or her 41
obligations in connection with the payment of premiums on a 42
policy or an installment of such a premium, whether the premium 43
or installment is payable directly to the insurer or its agent 44
or indirectly under any plan for financing premiums or extension 45
of credit or the failure of the named insured to maintain 46
membership in an organization if such membership is a condition 47
precedent to insurance coverage. The term also includes the 48
failure of a financial institution to honor the check of an 49
applicant for insurance which was delivered to a licensed agent 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for payment of a premium, even if the agent previously delivered 51
or transferred the premium to the insurer. If a correctly 52
dishonored check represents payment of the initial premium, the 53
contract and all contractual obligations are void ab initio 54
unless the nonpayment is cured within the earlier of 5 days 55
after actual notice by certified mail is received by the 56
applicant or 15 days after notice is sent to the applicant by 57
certified mail or regis tered mail, and, if the contract is void, 58
any premium received by the insurer from a third party shall be 59
refunded to that party in full; and 60
(b) If cancellation or termination occurs during the first 61
90 days during which the insurance is in force and if the 62
insurance is canceled or terminated for reasons other than 63
nonpayment, at least 20 days' written notice of cancellation or 64
termination accompanied by the reason for cancellation or 65
termination must be given, except if there has been a material 66
misstatement or misrepresentation or failure to comply with the 67
underwriting requirements established by the insurer ; and. 68
(c)1. Notwithstanding subparagraph 2., an insurer may not 69
cancel or nonrenew a personal residential or commercial 70
residential property ins urance policy covering a dwelling or 71
residential property located in this state which has been 72
damaged by a covered peril until the earlier of the completion 73
of repairs or the expiration of one subsequent renewal of the 74
policy that was in force at the time of the loss. If flood is 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
not a covered peril under the personal residential or commercial 76
residential property insurance policy or under a separate flood 77
insurance policy and the property has been damaged as a result 78
of flood related to a hurricane, an in surer may not cancel or 79
nonrenew the personal residential or commercial residential 80
property insurance policy until the earlier of the completion of 81
repairs or the expiration of one subsequent renewal of the 82
policy that was in force at the time of the loss . 83
2. An insurer or agent may cancel or nonrenew such a 84
policy prior to the repair of the dwelling or residential 85
property: 86
a. Upon 10 days' notice: 87
(I) For nonpayment of premium; or 88
(II) If the named insured no longer has an insurable 89
interest in the property; or 90
b. Upon 45 days' notice: 91
(I) For a material misstatement or fraud related to the 92
claim; 93
(II) If the insurer or its agent has made a reasonable 94
written inquiry to the insured as to the status of the repair 95
and the insured has failed within 30 calendar days to provide 96
information that is responsive to the inquiry to the address or 97
e-mail account designated by the insurer or its agent; or 98
(III) If the insurer has paid policy limits under a 99
personal residential property insurance polic y for a loss to the 100
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insured dwelling that was damaged, or policy limits under a 101
commercial residential property insurance policy for a loss to 102
each insured structure that was damaged. 103
3. If the insurer elects to nonrenew a policy after the 104
expiration of the time in subparagraph 1., the insurer must 105
provide notice in accordance with subsection (1). 106
4. This paragraph does not prevent the insurer from 107
canceling or nonrenewing the policy after the repair is 108
completed for the same reasons the insurer would o therwise have 109
canceled or nonrenewed the policy but for subparagraph 1. 110
5. For purposes of this paragraph: 111
a. A structure is deemed to be repaired when substantially 112
completed and restored to the extent that it is insurable by: 113
(I) Another authorized insurer writing policies in this 114
state if the structure is currently insured by an authorized 115
insurer; or 116
(II) Another authorized or eligible surplus lines insurer 117
writing policies in this state if the structure is currently 118
insured by an eligible surpl us lines insurer. 119
b. The term "insurer" means an authorized insurer or an 120
eligible surplus lines insurer. 121
c. The term "damage" includes flood damage related to a 122
hurricane if flood is a covered peril under the personal 123
residential or commercial residen tial property insurance policy 124
or under a separate flood insurance policy. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
6. The commission may adopt rules, and the Commissioner of 126
Insurance Regulation may issue orders, necessary to implement 127
this paragraph. 128
Section 2. Paragraph (e) of subsectio n (2) of section 129
627.4133, Florida Statutes, is amended to read: 130
627.4133 Notice of cancellation, nonrenewal, or renewal 131
premium.— 132
(2) With respect to any personal lines or commercial 133
residential property insurance policy, including, but not 134
limited to, any homeowner, mobile home owner, farmowner, 135
condominium association, condominium unit owner, apartment 136
building, or other policy covering a residential structure or 137
its contents: 138
(e)1. Notwithstanding subparagraph 2., an insurer may not 139
cancel or nonrenew a personal residential or commercial 140
residential property insurance policy covering a dwelling or 141
residential property located in this state which has been 142
damaged by a covered peril until the earlier of the completion 143
of repairs or the expiration of one subsequent renewal of the 144
policy that was in force at the time of the loss. If flood is 145
not a covered peril under the personal residential or commercial 146
residential property insurance policy or under a separate flood 147
insurance policy and the property h as been damaged as a result 148
of flood related to a hurricane, an insurer may not cancel or 149
nonrenew the personal residential or commercial residential 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
property insurance policy until the earlier of the completion of 151
repairs or the expiration of one subseque nt renewal of the 152
policy that was in force at the time of the loss. An authorized 153
insurer may not cancel or nonrenew a personal residential or 154
commercial residential property insurance policy covering a 155
dwelling or residential property located in this stat e: 156
a. For a period of 90 days after the dwelling or 157
residential property has been repaired, if such property has 158
been damaged as a result of a hurricane or wind loss that is the 159
subject of the declaration of emergency pursuant to s. 252.36 160
and the filing of an order by the Commissioner of Insurance 161
Regulation. 162
b. Until the earlier of when the dwelling or residential 163
property has been repaired or 1 year after the insurer issues 164
the final claim payment, if such property was damaged by any 165
covered peril and sub-subparagraph a. does not apply. 166
2. However, An insurer or agent may cancel or nonrenew 167
such a policy prior to the repair of the dwelling or residential 168
property: 169
a. Upon 10 days' notice : 170
(I) For nonpayment of premium; or 171
(II) If the named in sured no longer has an insurable 172
interest in the property; or 173
b. Upon 45 days' notice: 174
(I) For a material misstatement or fraud related to the 175
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claim; 176
(II) If the insurer or its agent has made a reasonable 177
written inquiry to the insured as to the sta tus of the repair 178
and the insured has failed within 30 calendar days to provide 179
information that is responsive to the inquiry to the address or 180
e-mail account designated by the insurer or its agent If the 181
insurer determines that the insured has unreasonabl y caused a 182
delay in the repair of the dwelling ; or 183
(III) If the insurer has paid policy limits under a 184
personal residential property insurance policy for a loss to the 185
insured dwelling that was damaged, or policy limits under a 186
commercial residential pro perty insurance policy for a loss to 187
each insured structure that was damaged . 188
3. If the insurer elects to nonrenew a policy after the 189
expiration of the time in subparagraph 1., the insurer must 190
provide notice in accordance with subsection (2) covering a 191
property that has been damaged, the insurer shall provide at 192
least 90 days' notice to the insured that the insurer intends to 193
nonrenew the policy 90 days after the dwelling or residential 194
property has been repaired . 195
4. Nothing in This paragraph does not shall prevent the 196
insurer from canceling or nonrenewing the policy after the 197
repair is completed 90 days after the repairs are complete for 198
the same reasons the insurer would otherwise have canceled or 199
nonrenewed the policy but for the limitations of subparagraph 1. 200
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The Financial Services Commission may adopt rules, and the 201
Commissioner of Insurance Regulation may issue orders, necessary 202
to implement this paragraph. 203
5.4. This paragraph shall also apply to personal 204
residential and commercial residential p olicies covering 205
property that was damaged as the result of Hurricane Ian or 206
Hurricane Nicole. 207
6. 5. For purposes of this paragraph: 208
a. A structure is deemed to be repaired when substantially 209
completed and restored to the extent that it is insurable b y: 210
(I) Another authorized insurer writing policies in this 211
state if the structure is currently insured by an authorized 212
insurer; or 213
(II) Another authorized or eligible surplus lines insurer 214
writing policies in this state if the structure is currently 215
insured by an eligible surplus lines insurer . 216
b. The term "insurer" means an authorized insurer or an 217
eligible surplus lines insurer . 218
c. Except for subparagraph 5., the term "d amage" includes 219
flood damage related to a hurricane if flood is a covered pe ril 220
under the personal residential or commercial residential 221
property insurance policy or under a separate flood insurance 222
policy. 223
7. The commission may adopt rules, and the Commissioner of 224
Insurance Regulation may issue orders, necessary to implement 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this paragraph. 226
Section 3. This act shall take effect July 1, 2024. 227